Created by Fuzzy Cloud

Patna High Court

CHETAN KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to a bond and conditions, as the prosecution had not produced cogent material and charges were already framed.

Summary

The petitioner, Chetan Kumar, a student with no criminal record, was arrested in connection with a robbery alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The FIR initially named unknown miscreants, but the petitioner’s name surfaced later through a co‑accused’s statement. He contended that he had no role in the crime, no loot was recovered from him, and he had been in custody since 7 June 2025. The State opposed bail, relying on the FIR allegations, while the petitioner’s counsel highlighted the lack of substantive evidence, the framing of charges, and his personal circumstances. The High Court, noting the absence of cogent material and the fact that charges were already framed, ordered that bail be granted on a Rs.10,000 bond with two sureties and specific conditions regarding court attendance and verification of charge framing. The order directed the lower court to verify the framing of charges before accepting the bail bonds.

Issues considered

  • Whether bail should be granted to the accused under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.
  • Whether the lack of substantive evidence and the framing of charges justify the grant of bail.
  • Whether the petitioner poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 309(4) B.N.S.
  • criminal procedure
  • student accused
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73661 of 2025
                  Arising Out of PS. Case No.-283 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 CHETAN KUMAR S/o GANESH PRASAD R/O Village - AMAWA TOLA
                 AJAGRI, POLICE STATION - BANJARIYA, DISTRICT - EAST
                 CHAMPARAN

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                   3. As per the prosecution case, three unknown

                   miscreants are said to have snatched mobile phone, bag and

                   cash on the gun point from the informant.

                                   4. It is submitted by learned counsel for the

                   petitioner that the F.I.R. has been lodged against unknown and

                   the name of the petitioner transpired, subsequently, during the

                   course of investigation in the statement of the co-accused,

                   Santosh Kumar, indicating his conspiracy with one Jeet Kumar
Patna High Court CR. MISC. No.73661 of 2025(4) dt.11-02-2026
                                            2/3




          to commit robbery. It is further submitted that the petitioner has

          nothing to do with the other co-accused persons and no looted

          money was recovered from his possession neither the

          motorcycle belonged to him. It is further submitted that the

          charges have already been framed on 12.12.2025 and the next

          date has been fixed for evidence on 23.02.2026. Further, the

          petitioner is a student, has no criminal antecedent and has been

          languishing in custody since 07.06.2025.

                          5. Learned APP for the State opposed the bail

          petition on the ground of allegations made in the F.I.R.

                          6. Taking into consideration the facts and

          circumstances of the case and also considering the fact that there

          is no cogent material seems to have been gathered during the

          course of investigation and the charges have already been

          framed, the above named petitioner is directed to be enlarged on

          bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Motihari Muffasil

          P.S. Case No.283 of 2025, subject to the conditions that :

                       (i) One of the bailors will be his own blood relative,

          preferably, father, mother, brother, sister and/or his wife.
            Patna High Court CR. MISC. No.73661 of 2025(4) dt.11-02-2026
                                                        3/3




                                   (ii) The petitioner shall remain physically present in

                      court on each and every date during trial and in the event of

                      failure on two consecutive dates without sufficient reasons, his

                      bail bonds shall be liable to be cancelled by the learned court

                      concerned.

                                     7. The learned Court below is directed to verify the

                      fact that the charges have already been framed against the

                      petitioner, as submitted by learned counsel for the petitioner,

                      before accepting the bail bonds.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.